I was attacked by someone and possibly injured as a result. Can Webb Law Group, APC help me?

The other party does not first have to be convicted in a criminal trial or charged with the crime. As long as you suffered damages as a result of the other party’s wrongful actions, you can file a civil lawsuit.

To clarify, the difference between an assault and battery is as follows:

  • Assault (Penal code 240) is an action that may inflict physical harm or unwanted touching on someone else; and
  • Battery (Penal code 242) is the actual infliction of force or violence on someone else.

ASSAULT

Although this is not an exhaustive list, examples of assault can include simple assault, physical, sexual, and aggravated.

The elements of assault include the following:

  • Intention: The defendant must have intended for their act to create an apprehension of fear or harm.
  • Reasonable Apprehension: The Plaintiff must have reasonably perceived that a harm or threat of harm was being directed at him/her.
  • Imminent Harm: The Plaintiff’s harm must be in response to a threat that is immediately about to occur, as future threats are not considered assault.

Further, our firm has represented clients who have been sexually assaulted, which is defined as any unwanted or coerced sexual contact. Lack of consent is crucial to sexual battery. If the person is not willing or able to give consent, then the sexual act was forced. For instance, a person who is intoxicated due to a high consumption of alcohol cannot give consent to engage in intercourse.

BATTERY

Because battery is an intentional tort, the victim can file a civil lawsuit against the perpetuator for monetary damages. Civil battery requires that the perpetrator had intent to perform the act that resulted in the injury.

Generally, battery occurs when someone offensively touches another person. The touching does not need to inflict harm, so spitting on another person can constitute battery. More specifically, the elements of battery are: 1) an act by a defendant, 2) an intent to cause harmful or offensive contact; and 3) harmful or offensive contact to the Plaintiff. And, for civil matters, civil cases require the added element of damages.

If you or a loved one has been accused of battery/assault or you are being accused, we invite you to contact Webb Law Group APC., to talk with an experienced injury lawyer.

Frequently Asked Questions

A criminal conviction is not required in order for a victim to file a civil lawsuit for assault or battery. Victims can sue even if charges are never filed or if the defendant is found not guilty by a court of law.
California’s statute of limitations for Assault and/or Battery is two (2) years.

While our law firm cannot represent you for any criminal matter, we can represent you if you are a defendant in a civil lawsuit for battery/assault.

Your legal defenses may consist of the following (not an exhaustive list):

  • You had consent for the act or activity;
  • You acted in self – defense;
  • You did not act willfully or with intent (the incident was a result of an accident);
  • You were falsely accused.

In order to recover damages, you must by a preponderance of the evidence that the Defendant owed a duty of care, that the Defendant breached that care through negligence, recklessness or an intention wrongful act, and as a result you suffered damages.

You can be charged with simple assault in two situations:

  • Failed Battery Attempt
    • For example, you attempt to strike someone, but never made contact with the body.
  • Threatening Act
    • For example, you were waiving your fists at someone in a way that he/she believed that you had intent to hurt him/her. Further, you used word to deliver a threat of harm.
This is defined as the unlawful use of force to the body of a person that results in offensive touching. Simple battery can be defined as a less aggravated form of battery because it does not include serious bodily harm (like a broken leg).

Contact Webb Law Group

If you would like to schedule a free, no-risk consultation with Webb Law Group, call 559.431.4888 or 619.399.7700 between 7am and 5:30pm Monday – Friday. You can also submit a request through our online form. If we cannot answer you inquiry immediately, we will be in touch within 24 hours.

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